Legal Opinion

Lewis Ex Rel. Brown v. Gilmore

Supreme Court of Missouri

Decided June 12, 2012No. SC 91834PublishedCited by 12 opinions

1Opinion of the Court

RICHARD B. TEITELMAN, Chief Justice.

The issue in this case is whether a workers’ compensation award against an in*524sured employer bars a wrongful death claim against an uninsured employer. The circuit court held that a workers’ compensation award against the insured employer bars the wrongful death claim against the uninsured employer. The judgment is reversed because section 287.280.1, RSMo 2000, allows an injured party or his or her dependents to proceed in a civil action against the uninsured employer.

FACTS

Lonnie Lewis died when the tractor trailer in which he was a passenger overturned. The…

2Cases cited4 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. United States Fidelity & Guaranty Co. v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1937
  3. Stromberg v. MooreMissouri Court of Appeals · 2005
  4. Bailey v. McClellandMissouri Court of Appeals · 1993

3Cited by12 opinions

  1. Farrow v. Saint Francis Medical CenterSupreme Court of Missouri · 2013
  2. Harold Lampley and Rene Frost v. The Missouri Commission on Human Rights and Alisa WarrenSupreme Court of Missouri · 2019
  3. City of North Kansas City v. Archer Daniels Midland CompanyMissouri Court of Appeals · 2019
  4. STEVE HARMAN v. MANHEIM REMARKETING, INC., Defendant-Respondent.Missouri Court of Appeals · 2015
  5. Billy Hood v. Michael Menech, Vandalia Area Historical Society and Missouri State Treasurer as Custodian of the Second Injury FundMissouri Court of Appeals · 2022

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